— I concur in the conclusion reached in the majority opinion and I agree with all of the reasons advanced *26in support thereof, but I do not want to be understood as giving even lip service to the unsound decision by the majority of this court in the case of O’Day v. Superior Court, 18 Cal.2d 540 [116 P.2d 621], In my opinion, the petitioner in the ease at bar stands in the same position as the petitioners in the case last cited and a proper interpretation of sections 1080 to 1082 of the Probate Code compels the conclusion that the orders of July 25, 1939, granting a non-suit as to the claimants who had appeared and default as to claimants who had not appeared were void. It is obvious that petitioner in the case at bar stands in no different position than petitioners in O’Day v. Superior Court, supra, as to their second statement of heirship which the trial court refused to permit them to file and this court sustained the ruling of the trial court therein. I took this same position when the petition for writ of mandate was presented to this court on January 27, 1942, in the case of Thomas J. Mahoney v. Superior Court of Los Angeles County, L. A. No. 18220, and voted for the granting of the writ therein prayed for.